To Preserve the Sc alls of Niagara." 



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REPORT 



Executive (Committee 



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THE HA FALLS ASSOCIATION. 



JANUARY, 4885 



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The Executive Committee have the honor to submit 
the following Report, together with the Report of the 
Treasurer of the Association, which shows a balance on 
hand ot $1,846.90. 

In calling attention to the Report of the Treasurer, the 
Committee beg to inform the Association thnt they have 
again secured the services, as Corresponding Secretary, 
of the Rev. J. B. Harrison, who did efficient work 
in the way of canvassing, &c, throughout the State dur- 
ing the winter of 1883. Except for the salary (paid only 
while actively employed) and traveling expenses of this 
gentleman, your Association has had no other payments 
to meet, unless for stationery, printing and postage. The 
sum of $3,270 has been received for initiation fees (from 327 
members) and $85 besides in the way of contributions, 
and the total expenses to date have amounted to $1,508.10. 
Several of our original members have died since the 
formation of the Association, and it is desirable that their 
places be filled and that the present membership be in- 
creased as much as possible. 

The movement for the redemption of Niagara may be 
said to have had its origin in suggestions contained in a 
message from Governor Robinson, sent to the Legisla- 



ture of the State of New York, January 9th, 1879, * n 
which he said : 

The civil jurisdiction over the Falls of Niagara, as well as the shores and 
waters of the Niagara River, is divided between this State and the Province of 
Ontario, in Canada. But, in one sense, the sublime exhibition of natural power 
there witnessed is the property of the whole world. It is visited by tourists 
from all quarters of the globe, and it would seem to be incumbent upon both 
governments to protect such travelers from improper annoyance on either side. 
It is, however, well known, and a matter of universal complaint, that the most 
favorable points of observation around the Falls are appropriated for purposes 
of private profit, while the shores swarm with sharpers, hucksters and peddlers, 
who perpetually harass all visitors. In the course of the last summer, in a 
casual meeting and conversation with Lord Dufferin, then Governor-General of 
Canada, he suggested the propriety of some steps on the part of the State of 
New York and the Province of Ontario to remedy these abuses, which he had 
seen and deeply regretted. 

The proper course, if such a plan were deemed advisable, would undoubtedly 
be the appointment of commissions by both governments, to confer together as 
to its details. Should such a commission be appointed by the authorities of On- 
tario, I recommend that you provide for the appointment of a similar one to 
consider the subject. There can be no doubt that many persons abstain from 
visiting the Falls in consequence of the annoyances referred to, nor can there 
be any reasonable doubt that the removal of these objections would largely in- 
crease the number of visitors annually. 

In conformity with the Governor's message, the Com- 
missioners of the State Survey were instructed by a joint 
resolution of the Legislature of that year " to inquire, con 
sider and report what, if any, measures it may be expedi- 
ent for the State to adopt for carrying out the sug- 
gestions contained in the annual message of the Governor 
with respect to Niagara Falls." In pursuance of these 
objects, the Commissioners instructed Mr. James T. 
Gardiner, Director of the State Survey, to make an ex- 



5 

amination of the premises, and prepare for their consid- 
eration such a project as was had in view in the resolu- 
tion of the Legislature, and they associated with him Mr. 
Frederick Law Olmstead. These gentlemen were to 
ascertain " how far the private holding of land about 
Niagara Falls has worked to public disadvantage through 
defacements of the scenery ; to determine the character of 
such defacements; to estimate the tendency to greater 
injury, and, lastly, to consider .whether the proposed ac- 
tion by the State is necessary to arrest the process of de- 
struction and restore to the scenery its original charac- 
ter." 

The following is from the special report of the New 
York State Survey on the preservation of the scenery of 
Niagara Falls, transmitted to the Legislature March 22d, 
1880, by Hon. Horatio Seymour, President of the Board 
— a document of extraordinary interest and value. The re- 
port says : 

That the scenery of Niagara Falls has been greatly injured ; that the process 
of injury is continuous and accelerating ; and that, if not arrested, it must in 
time be utterly destructive of its value. 

There is no American soil from which the Falls can be contemplated except 
at the pleasure of a private owner, and under such conditions as he may choose 
to impose ; none upon which the most outrageous caprices of taste may not be 
indulged, or the most offensive interpolations forced upon the landscape. 

The Commissioners of the State Survey recommended 
the extinguishment of the private titles to so much land 
as shall be regarded as absolutely necessary to the pres- 
ervation of the essential scenery of Niagara, and that the 
State should, by purchase, acquire a title to this kind, and 



hold it in trust for her people forever ; that no landscape 
gardening or ornamentation should be indulged in, but 
that, at a minimum of expense, natural conditions should, 
as far as possible, be restored and maintained. 

In accordance with the recommendations of the Com- 
missioners of the State Survey, a bill was at this time 
introduced in the Legislature, passed the Assembly, but 
failed in the Senate, owing to its being reported only 
towards the end of the session, when too late to se- 
cure favorable action upon it. In 1881, another bill, 
of a similar character, was introduced, but no effort 
was made to secure its passage. The matter remained 
in abeyance during the session of 1882, but late in the 
same autumn was revived at a private meeting held 
at the house of Mr. Howard Potter, in New York City, 
on the evening of December 6th. There was a large 
attendance and much enthusiasm at this meeting, as 
it was understood that Governor Cleveland, who had 
just been elected Governor of the State, was warmly 
in favor of saving the scenery of the Falls, and would 
approve of any measure tending to this result. Ad- 
dresses were made by Messrs. Olmstead, Potter, 
Dorsheimer, Norton, Harrison and others, and after a full 
and general expression ol opinion, it was determined to 
make an appeal to the intelligence and public spirit of 
the citizens of the State in behalf of the idea of the pur- 
chase of Goat Island, and the property about the Falls, 
by the State, and the establishment there of a State Res- 
ervation, as the only means of restoring and preserving 



the scenery, and of securing this unique and precious 
possession free to the people of the State and of the civi- 
lized world forever. In furtherance of this intention, a 
committee, consisting of Messrs. J. Hampden Robb, Bu- 
chanan Winthrop, James T. Gardiner, J. T. Van Bens- 
selaer and Francis H. Weeks, was appointed, with full 
powers to proceed in the matter, and make a report at 
another and a larger meeting to be held the following 
month. 

This second meeting was held at Municipal Hall, 67 
Madison Avenue, on the evening of January nth, 1883, 
in compliance with the following invitation : 

New York, January 4th, 1883. 
Dear Sir : 

You are invited to attend a meeting at Municipal Hall, 67 Madison Avenue, 
on Thursday evening, January nth, at eight o'clock, to hear the report of a 
Committee appointed at a meeting of gentlemen interested in the preservation 
of Niagara Falls, and which was held on the 6th ulto., at the house of Mr. 
Howard Potter. 

It is proposed at the present meeting to concert measures to promote legisla- 
tion towards securing for the State of New York and its People this great nat- 
ural feature. 

HOWARD POTTER, 

Chairman. 

J. Hampden Robb, ] 

Francis H. Weeks, 

James T. Gardiner, \ Committee. 

Buchanan Winthrop I 

J. T. Van Rensselaer, J 

Mr. D. Willis James was called to the chair, and in- 
troduced the subject of the evening in a brief and felici- 
tous address. The committee appointed at the previous 



8 

meeting reported that, in their opinion, the best means 
" to promote legislation towards securing for the State of 
New York and its people this great natural feature " (the 
Falls of Niagara) would be the formation of an associa- 
tion, the object of which shall be " to promote legislative 
and other measures for the restoration and improvement 
of the natural scenery at Niagara Falls, in accordance 
with the proposed plan of the Commissioners of the State 
Survey, as presented in their special report on the sub- 
ject, under a concurrent resolution of the Legislature of 
the State of New York, dated May 19th, 1879; " and they 
presented the form of a constitution for such an associa- 
tion. The suggestions of the committee were adopted 
after remarks by several gentlemen, and nearly all pres- 
ent signed their names to the constitution a copy of which 
is annexed to this report, thus becoming members of the 
new society. The fee for membership was fixed at ten 
dollars. 

The organization of the Association was completed by 
the election of the following officers : 

President, Howard Potter. 

Vice-Presidents, Daniel Huntington, Geo. William Curtis, Cornelius Vander- 
bilt. 

Secretary, Robert Lenox Belknap. 

Treasurer, Charles Lanier. 

Executive Committee, J. Hampden Robb, Buchanan Winthrop, James T. 
Gardiner, J. T. Van Rensselaer, Francis H. Weeks. 

Corresponding Secretary, J. B. Harrison. 

Mr. Robt. W. De Forest has since been added to the 
members of the Executive Committee. 



Accounts of the proceedings appeared in the principal 
journals of the city next morning, accompanied in nearly 
every instance by favorable editorial comments. 

The Society grew rapidly, though there was very 
little formal canvassing for members, or for funds. 

Gentlemen mentioned the enterprise to their acquaint- 
ances at the clubs, at social assemblies, and in their 
offices and places of business. All the officers and mem- 
bers thus aided cordially and effectively in the formation 
of the Association, and in commending its objects to the 
favorable attention of others, the following invitation 
being sent out by the association itself after careful 
preparation : 

New York, January 22, 1883. 
Dear Sir : 

You are hereby invited to become a member of the Niagara Falls Association. 

The object of this Association is to promote legislation and other measures 
for the restoration and improvement of the natural scenery of Niagara Falls, in 
accordance with the proposed plan of the Committee of the State Survey as 
presented in their Special Report on the subject under a concurrent resolution 
of the Legislature of the State of New York, dated May 19th, 1879. 

It is thought that the Legislature will not fail to recognize the present popu- 
lar feeling on this subject, and that this great wealthy and intelligent State will 
no longer allow any obstacle to interfere with the rights of its citizens to the en- 
joyment of this gift of nature, from which it results that at the present moment 
there is not one foot of American soil from which a sight of the Falls can b e 
obtained without payment. 

To secure success immediate action is necessary, and should you wish to join 
the Association, please signify your attention at the earliest moment. 

HOWARD POTTER, 

President. 

A bill drawn up by the Executive Committee of the 
Association was introduced into the Assembly by Hon. 



10 

Jacob F. Miller, of this city, on the 30th day of January, 
1883. Though the title was the same as the two previous 
bills, namely, " An Act to authorize the selection, location 
and appropriation of certain lands in the Village of 
Niagara Falls for a state reservation, and to preserve 
the scenery of the Falls of Niagara," yet the bill in sev- 
eral important particulars differed materially from the 
two others. A copy of the bill as finally passed is an- 
nexed to this report. 

It provided that the Governor, by and with the con- 
sent of the Senate, should appoint five Commissioners, to 
be called " The Commissioners of the State Reservation 
at Niagara." The Commissioners were to hold office for 
five years from and after the passage of the act, and un- 
til others were appointed in their places. They were to 
receive no compensation for their services, but were to 
be entitled to actual disbursements for their expenses in 
performing the duties of their office. They were em- 
powered by the terms of the act " to select and locate 
" such lands in the Village of Niagara Falls and the 
" County of Niagara and the State of New York as may 
" in their opinion be proper and necessary to be reserved 
" for the purpose of preserving the scenery of the Falls 
" of Niagara, and of restoring the said scenery to its 
" natural condition," and they were further authorized 
and directed to take the necessary steps for the con- 
demnation of such lands in accordance with the pro- 
visions of the act. 

The act requires the Commissioners to report to the 



II 

Legislature all their proceedings,and the amounts awarded 
by the Commissioners of Appraisement, and it provides 
that if the Legislature fails to make an appropriation to 
pay the owners of the lands selected within two years 
after the passage of the act, or on or before April 30th, 
1885, all the proceedings which have been taken for 
acquiring title to said lands shall be void and of no effect, 
and in that case the owners of the lands are to be reim- 
bursed for any reasonable costs and expenses incurred by 
them in connection with the proceedings of the Commis- 
sioners. 

Shortly after the bill was introduced a hearing was had 
before the Committee of Ways and Means of the Assem- 
bly, and eloquent arguments were made in its favor by 
the Rt. Rev. Bishop Doane, Howard Potter, Esq., Hon. 
W. A. Dorsheimer, Hon. J. Hampden Robb and others. 
Nothing was said in opposition except by the representa- 
tives of a wood pulp firm doing business at the Falls, 
who have persistently opposed, from the beginning, every 
measure and effort tending towards the preservation of 
the beauties of the great cataract. The result of the 
argument before the committee was the immediate favor- 
able report of the bill to the House, and its passage on 
the 14th of March, by a vote of 68 ayes to 39 noes. In 
the contest to secure its passage your Association is 
greatly indebted to the efforts of Messrs. Welch, Erastus 
Brooks, Howe, Haggerty, Roesch, Murphy and others. 
The first named, the member from Niagara Falls, was 
most earnest and eloquent in supporting the measure. 



12 

The bill then went to the Senate, where another hearing 
was had before the corresponding committee of that 
body (the Finance Committee), and addresses were again 
made in favor of the bill by Messrs. Gardiner, Dorsheimer, 
Robb and others, members of your Association. A report, 
however, from this committee was not obtained without 
considerably delay, as a majority of the committee were 
opposed to the bill. Finally, however, they were induced 
to return it to the full Senate, but with an unfavorable 
report as to the advisability of the measure becoming a 
law. In the Senate, outside of the Finance Committee, 
the bill fortunately had many friends, and the report of 
the committee, on motion of Senator Jacobs, was at 
once disagreed to, and the bill subsequently ordered to 
a third reading by a vote of 19 to 10. The members of 
your Committee, together with Messrs. John Jay and 
Geo. Wm. Curtis, visited Albany, and were present in the 
Senate chamber when the debate on the bill took place. 
The Association also issued at this time an address to the 
people of the State, a copy of which is added to this 
report. While the bill was in the Legislature, and in 
fact at all times, the efforts of the Association have been 
most cordially assisted by almost the entire press of the 
State, an indication of how complete the public senti- 
ment is in favor of this great and patriotic project. Your 
Association is also indebted for cordial aid and assistance 
to Hugh McLaughlin, Esq., of Brooklyn, Hubert O. 
Thompson, Esq., of this city, and to many other gentle- 
men of both parties actively interested in politics. Nu- 



13 

merous petitions were sent to the Legislature from all 
parts of the State, and letters strongly favoring the 
measure were written by the President of the United 
States (through his private secretary), by both of the 
present United States Senators, by the Hon. Roscoe 
Conkling, John G.Whittier, Oliver Wendell Holmes, Pres- 
idents Andrew D. White, Mark Hopkins and Noah 
Porter, and by many of the most prominent clergymen 
and laymen throughout the country. On the 18th ot 
April the bill was finally passed, 21 Senators voting for 
it and 10 against its passage, and on the 30th of April 
the bill received the Governor's signature and became a 
law. 

In referring to the Senators who assisted in its passage, 
Senators Ellsworth and Titus, from the western part of 
the State, Senators Lansing and McArthur, from Albany 
and Troy, respectively, together with Senators Daly, 
Thomas, Kiernan, Covert, Fred. Lansing and others, 
warmly supported the measure at all times, and did much 
to secure success for it. 

As Commissioners of the Reservation, the Governor 
nominated Messrs. William A. Dorsheimer, Andrew H. 
Green, J. Hampden Robb, Sherman S. Rogers, and 
Martin B. Anderson, the nominations being immediately 
confirmed by the Senate. The Commission organized in 
Albany on the 29th of May, 1883, by the election of Dr. 
Anderson as President and Mr. Robb as Treasurer and 
Secretary. It was also decided at the first meeting, to go 
as soon as possible to Niagara, and select and locate with- 



14 

out further delay the lands necessary to carry out the pro- 
visions of the act, and Messrs. Olmstead, Vaux and Gardi- 
ner were invited to accompany the Commissioners and 
give them advice on the subject. On the 9th June the 
Commissioners and the gentlemen named met at the Falls, 
and after looking over the ground it was decided to carry 
out substantially the plan originally suggested in the re- 
port of the State Survey, and the reservation was located 
by the selection of some 118 acres in the immediate vicin- 
ity of the Falls, the property taken embracing all cf Goat 
Island and the smaller islands like the Sisters, Bath 
Island, etc., adjacent to it, Prospect Park from the brink 
of the cataract to the new Suspension Bridge, and also 
a strip of land running from Prospect Park to Port Day, 
bordering the Niagara River, and containing the various 
unsightly buildings which so mar and deface at the pres- 
ent time the beauty of the natural scenery. On this oc- 
casion Dr. Anderson resigned the Presidency of the 
Commission, and Governor Dorsheimer was elected in his 
place. Since the location and selection of the Reserva- 
tion the Commissioners have proceeded to have the 
lands thus selected duly condemned, and Messrs. Mat- 
thew Hale, Luther R. Marsh and Pascal P. Pratt 
having been chosen to act as appraisers, these gen- 
tlemen devoted much of the past summer to the exe- 
cution of their duties. Their report was recently made 
to the State Commissioners, and has now been finally 
submitted to and confirmed by the Supreme Court. 
The total of awards is only $1,433,429.50, whereas claims 



15 

amounting in the aggregate to nearly four times that sum 
were made by several of the large property owners. The 
conclusion reached by the appraisers is, however, gene- 
rally regarded at Niagara as just and equitable, and not 
likely to be changed by an appeal. In accordance with the 
law, the State Commission are to submit this award to the 
coming Legislature and ask that body to make the neces- 
sary appropriation, which, if secured, will without fur- 
ther delay give Niagara to the people of this State and 
of the world, and protect the beauties of its scenery for- 
ever. 

It is an imputation upon the citizens of New York to 
suppose that prolonged argument and persistent appeal 
are necessary to win their approval of the proposed res- 
cue of Niagara Falls from destruction as a sublime and 
unparalleled natural spectacle. Nature has given to the 
State one of. the great wonders of the world. It is a 
shrine of pilgrimage from every country, and it cannot 
be contemplated without the most solemn and elevating 
emotions. If through nature we look up to nature's 
God, a scene like this is one of the mightiest and most 
magnificent temples for the worship of the Creator. Shall 
that temple be desecrated by agencies that we can readily 
remove? Shall the State, an imperial and enlightened 
community of five millions of citizens, be indifferent and 
unequal to the trust committed to it, and by its neglect 
show to the world that it is unable to comprehend the 
duty of such a natural trust, and is unworthy of its sin- 
gular good fortune ? 



i6 

These are questions that the public spirit of New- 
York will answer as it answered fifty years ago the 
question whether the water-way should be laid from 
Lake Erie to the Hudson, and a direct commercial 
avenue be opened from the prairies to Europe, making 
Western America the granary of the world. The asser- 
tion that the work would profit only the counties through 
which it passed, and would be of no advantage to the 
State, was lost in the consideration of the truth that a 
benefit of this kind to a part is an advantage to the 
whole, and that beside material advantage, the generous 
local pride which such enterprises nourish, the revelation 
to the community of its own large, sagacious and com- 
prehensive spirit, are among the most powerful influences 
which mould the character and greatness of states. He- 
roic traditions, beneficent institutions, noble monuments 
and public works, museums, libraries, gardens, parks, not 
only charm and delight, not only promote physical health 
and moral recreation, but they stimulate that generous 
public spirit and devoted patriotism which are the sure 
bulwark and defense of national well-being. 

The proposed Niagara Reservation is especially a 
work which tests the existence of such a spirit, and which 
in turn fosters and sustains it. By the proposed plan 
the immediate vicinity of the Falls will be cleared of 
every kind of obstruction, and the grounds will be laid 
out in a simple and seemly manner, providing every 
condition which is essential for the proper contemplation 
of the cataract. These grounds, which are indispensable 



17 

if Niagara is to be rescued, will pass at once into the 
possession of the people of the State, and will be forever 
freely open to them and to all travelers from all the 
world. The famous cataract will cease to be, what un- 
questionably it now is, a disgrace to the State, and the 
stupendous scene will be revealed and perpetuated in all 
its grandeur. 

To this happy result nothing is now wanting but the 
consent of the people of New York, expressed by the 
Legislature in the appropriation of the sum necessary to 
extinguish all private titles to the land and other prop- 
erty immediately adjacent to the cataract. The measure 
is fortunately of a kind which cannot be complicated 
with political or partisan considerations. It contem- 
plates a public work with the highest public purpose, 
that, namely, of fulfilling a trust imposed by nature upon 
the commonwealth and of promoting a noble State pride. 
It is the concern of every good citizen of New York, and 
our Association believes that every such citizen will re- 
gard its accomplishment both as his interest and his duty. 

J. Hampden Robb, 
Francis H. Weeks, 
James T. Gardiner, 
Buchanan VVinthrop, 
J. T. Van Rensselaer, 
Robt. W. De Forest, 

New York, January 9th, 1885. 



Executive 

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CHAP. 336 OF THE LAWS OF 1883. 

AN ACT to authorize the selection, location and appro- 
priation of certain lands in the Village of Niagara Falls 
for a State Reservation, and to preserve the scenery of 
the Falls of Niagara. 

Passed April 30, 1883 ; three-fifths being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section i. Within ten days after the passage of this 
act, there shall be appointed by the Governor, by and 
with the consent of the Senate, five commissioners, all of 
whom shall be residents of the State of New York, who 
are hereby appointed and constituted a board of commis- 
sioners by the name and style of " The Commissioners of 
the State Reservation at Niagara." Said commissioners 
shall hold office for the term of five years from and after 
the passage of this act, and until others are appointed in 
their places. No member of said board shall receive any 
compensation for his services as commissioner, but each 
commissioner shall be entitled to receive his actual dis- 
bursements for his expenses in performing the duties of 
his office. In case any of the persons so appointed as 
above will not undertake the office of this commission, or 



20 

in case of a vacancy on said board, such vacancy shall be 
filled by the Governor, and the person so appointed shall 
hold his office for the term of five years from the date of 
his appointment and until another shall be appointed in 
his place. 

§ 2, The said board shall have power to select and 
locate such lands in the Village of Niagara Falls and the 
County of Niagara and the State of New York as may 
in their opinion be proper and necessary, to be reserved 
for the purpose of preserving the scenery of the Falls of 
Niagara, and of restoring the said scenery to its natural 
condition. Before any proceedings shall be had or taken 
for acquiring the title to any of the said lands, the said 
commissioners shall cause to be made a map of the land, 
by the State Engineer and Surveyor, which they shall 
determine to take, which shall be certified by a majority 
of said commissioners and filed in the office of the Secre- 
tary of State and in the office of the Clerk of the County 
of Niagara. 

§ 3. The said^commissioners shall hold their first meet- 
ing at twelve o'clock noon at the office of the Secretary 
of State, on such day as shall be named by said Secretary 
of State, and within thirty days after the passage of this 
act. The said commissioners shall at said meeting choose 
a president of said board, who shall be a member thereof, 
and shall appoint some person to act as the treasurer and 
secretary of said board. After the filing of the said map 
as above required, the said commissioners shall publish 
for twenty successive week-days in the State paper, and 



21 



in a newspaper printed and published in the County of 
Niagara, a notice declaring- that the State of New York 
intends to take and appropriate the lands described by 
the said maps, and acquire title thereto, and that the said 
commissioners intend to apply to the Supreme Court, at 
a Special Term thereof, to be held in the eighth judicial 
district, for the appointment of three freeholders, resi- 
dents of the State of New York, to act as commissioners 
of appraisement, to ascertain and report the just compen- 
sation to be paid to the person or persons or corporation 
owning or having any interest in said property. 

§ 4. Upon the day designated in the said notice, or on 
some other day to be named by the said court, the said 
court shall hear the application of the said commis- 
sioners, and shall appoint three commissioners of ap- 
praisement for the purpose aforesaid. And in case any 
commissioner of appraisement shall decline to serve, the 
said court may, on application of said Board of Commis- 
sioners of the State Reservation at Niagara, upon notice 
of such vacancy and application, to be published in a 
newspaper in the County of Niagara for ten successive 
days, appoint another in his place. 

§ 5. The commissioners of appraisement so appointed 
shall, before they enter upon their duties, take and sub- 
scribe an oath, to be administered by some person 
authorized to administer oaths, faithfully to execute their 
duties according to the best of their ability. They shall 
give notice of the time and place of the meeting to view 
the said property, by publishing the same in a newspaper 



22 

printed and published in the County of Niagara, for 
twelve successive week-days. 

§ 6. The commissioners shall together view such prop- 
erty, and shall receive any legal evidence as to the com- 
pensation that should be made therefor, and may adjourn 
from time to time. They shall ascertain and award to 
the respective owners of the property to be taken, and to 
all persons and corporations interested therein, such 
compensation therefor as in their opinion shall be just 
and proper ; and in fixing the amount of such compensa- 
tion said commissioners shall not make any allowance or 
deduction on account of any real or supposed benefits 
which the parties interested may derive from the said 
State Reservation or improvement for which said lands 
are to be taken. The report of the said commissioners 
of appraisement, signed by a majority of said commis- 
sioners, shall be filed in the office of the clerk of Niagara 
County as soon as completed, and said report shall be 
made and filed within six months from the time of their 
appointment. Their minutes of testimony taken by them, 
if any, shall be attached to and filed with their said 
report and form a part thereof. 

§ 7. After the report of the said commissioners of ap- 
praisement shall be so filed, the Board of Commissioners 
of the State Reservation at Niagara shall give notice, by 
publishing the same in ten successive numbers of some 
newspaper printed and published in the said County of 
Niagara, that they will, on a day to be specified in said 
notice, apply to the said Supreme Court for an order 



23 

confirming the said report, and on the day so appointed 
the said court, upon being furnished with proof of the 
due publication of said notice as above provided, shall 
confirm such report, and make an order containing a 
recital of the substance of the proceedings in the matter 
of the appraisement, and a description of the real estate 
appraised, for which compensation is to be made, and 
shall also direct to whom the money is to be paid. 

§ 8. A certified copy of the order so to be made as 
aforesaid shall be recorded at full length in the office of 
the Clerk of the County of Niagara, and also in the office 
of the Secretary of State. 

§ 9. Within twenty days after the confirmation of the 
report of the Commissioners, as provided for in the sev- 
enth section of this act, any party may appeal by notice 
in writing to the other to the Supreme Court from the ap- 
praisal and report of the Commissioners. Such appeal shall 
be heard by the Supreme Court at any general term of the 
fourth department, on such notice thereof being given 
according to the rules and practice of said court. On 
the hearing of such appeal the court may direct a new 
appraisal before the same or new Commissioners, in its 
discretion. The second report shall be final and con- 
clusive on all the parties interested. Provided, however, 
that the State shall not take possession of the said ap- 
praised premises until the amount awarded for the same 
shall have been duly appropriated by act of the Legisla- 
ture of this State for this purpose. 

§ 10. If there should be diverse and conflicting claim- 



24 

ants to the money, or to any part of it, to be paid as com- 
pensation for the real estate taken for the purpose afore- 
said, the court may direct the moneys to be paid into 
court, and may determine who is entitled to the same, 
and direct to whom the same shall be paid, and may in 
its discretion order a reference to ascertain the facts 
upon which said determination and order are to be 
made. 

§ ii. The said court shall have power at any time to 
amend any defect or informality in any of the proceed- 
ings to acquire title to the said land, as may be neces- 
sary, and also to appoint other Commissioners of Ap- 
praisement in place of any who should die, or refuse or 
neglect to serve, or be incapable of serving upon like no- 
tice as required by section four of this act in like cases of 
neglect or refusal to serve. 

12. If at any time after an attempt to acquire title 
by compensation as aforesaid, it should be found that the 
title attempted to be acquired is defective, the said Board 
of Commissioners of the State Reservation at Niagara 
shall proceed anew to acquire or perfect such title in the 
manner hereinbefore set forth, and as if no appraisement 
had been made. 

§ 13. After the proceedings herein provided for, for 
for the purpose of acquiring title by the State to the said 
lands, shall have been concluded, the said Board of 
Commissioners of the State Reservation at Niagara 
shall report such proceedings, and all other action by 
them taken, together with the amounts awarded by the 



25 

said Commissioners of Appraisement, to the Legislature 
of this State. 

§ 14. It is further provided that in case the Legislature 
shall fail to make an appropriation to pay the owners for 
the lands which may be selected and located by the said 
Commissioners of the State Reservation at Niagara, pur- 
suant to the provisions thereof, within two years after the 
passage of this act, all the proceedings which may have 
been taken for acquiring the title to the said lands shall 
be void and of no effect, but in such case the Comptroller 
shall pay to the parties whose lands have been condemned 
in pursuance of the provisions of this act the reasonable 
costs and expenses incurred by them in such proceedings, 
the amount of such costs'and expenses to be fixed and al- 
lowed by the Attorney-General, and to be paid out of 
any moneys in the treasury not otherwise appropriated. 

§ 15. The sum of ten thousand dollars, or so much 
thereof as may be necessary, payable out of any moneys 
in the treasury not otherwise appropriated, is hereby ap- 
propriated, subject to the audit of the Comptroller, to 
carry out the provisions of this act, and the same shall 
be payable by the Comptroller to the said Commission- 
ers of the State Reservation at Niagara. 

§ 16. This act shall take effect immediately. 



ADDRESS ISSUED BY THE ASSOCIATION. 

To the People of the State of New York: 

The character of the movement for the rescue of Niag- 
ara Falls needs only to be generally known to be strongly 
supported by public sentiment. It contemplates no 
wrong to private ownership, no loss of water power, no 
costly system of landscape gardening, no "job " involving 
patronage and expense. It aims simply to maintain in its 
own character the most sublime natural spectacle upon 
the continent, which is the pride of New York ; to secure 
it against practical destruction, and to keep it forever 
freely accessible to the public. At present not only is the 
view disfigured by unsightly obstructions of every kind, 
which are rapidly increasing, but there is no spot upon the 
American side from which a sight of the Falls can be ob- 
tained without payment, and unless action be prompt 
and decisive, New York will be exposed to the indelible 
disgrace of having permitted the virtual obliteration of 
the grandest and most beautiful natural object within its 
domain. 

The public benefit of the proposed Reservation is no 
more open to dispute than that of public libraries, parks 
and museums, and of the reasonableness of the plan sug- 
gested for its acquisition there can be no question. No 
money is spent by the State more wisely and economi- 
cally than that for the maintenace of the State Library 
and of the State Museum, and the same care can be taken 



2 7 

in regard to the proposed expenditure for Niagara. That 
such expenditures are often made enormous jobs is no ar- 
gument against a suitable appropriation for a beneficent 
pubic purpose, while it is the strongest of arguments for 
securing a careful and economical disbursement of the 
money In this case the guarantee against jobbery lies 
first in the character of the promoters of the enterprise, 
who are its active agents, and second, in the method to 
be prescribed for its future care and control. In pros- 
ecuting the preliminary inquiry, which is all for which 
the bill now before the Legislature provides, there is no 
chance for extravagance of any kind, and when the de- 
tails of the purchase are arranged the conditions can be 
made so explicit and imperative as to prevent knavery. 
A great outlay is not necessary. An elaborate and de- 
corative park is neither contemplated nor desired. The 
first cost, even if it were a million of dollars, would be no 
more than twenty cents for every inhabitant of the State. 
The subsequent cost of maintenance would be inconsid- 
erable, and it could be kept within the strictest bounds 
by entrusting the grounds, on behalf of the State, to a 
care which should be independent of political and partisan 
influence. To say that the people of New York cannot 
prevent the care of a great public property from becom- 
ing a mere "job'' is to say that popular government in 
the State has failed. 

No sound argument has been offered against the resto- 
ration to the State of this sublime natural possession, with 
which it should never have parted. That the proposed 



28 

rescue of Niagara is due to sentiment is undoubtedly 
true, but it is no less true that the discovery of America, 
the War of the Revolution, and the maintenance of the 
Union, were due to sentiment. The love of the beautiful 
and sublime in nature is, indeed, a sentiment, like patriot- 
ism, like religion, and like that which creates the home 
and the family ; but the practical use and value of a public 
regard for natural beauty and grandeur are attested by 
the history of every nation. If within the limits of New 
York stood the noblest temple ever built with hands, the 
artistic glory of the State, the shrine and bourne of pil- 
grimage of the whole world, how proudly and gladly 
would this imperial Commonwealth guard and maintain 
it from year to year in unwasted freshness ! But a greater 
and sublimer object than any human temple is entrusted 
to its intelligent care, and New York would justly lose 
all title to its lofty name of Imperial if, by sheer indiffer- 
ence and neglect, it should suffer the beauty and the 
grandeur of a wonder of the world to be destroyed. 

For The Niagara Falls Association : 

HOWARD POTTER, 

President. 

Daniel Huntington, 
George Wm. Curtis, 
Cornelius Vanderbilt, 

Vice-Presidents. 
J. Hampden Robb, 
Chairman Executive Committee. 
New York, March 22d, 1883. 



ARTICLES OF ASSOCIATION OF THE 
NIAGARA FALLS ASSOCIATION. 

I. 

The name of this society shall be The Niagara Falls 
Association. 

II. 

Its object shall be to promote legislative and other 
measures for the restoration and improvement of the 
natural scenery at Niagara Falls, in accordance with the 
proposed plan of the Commissioners of the State Survey, 
as presented in their special report on the subject, under 
a concurrent resolution of the Legislature of the State of 
New York, May 19, 1879. 

III. 

The officers of this association shall be a president, 
three vice-presidents, a secretary, corresponding secre- 
tary and treasurer. 



3Q 
IV. 



The president/secretary and treasurer and five mem- 
bers of the association shall constitute an executive com- 
mittee, and shall possess all the powers of the association. 

V. 

The officers and members of the executive committee 
shall be elected at the first meeting of the association, 
and shall hold office until their successors are elected. 



VI. 



No liabilities shall be incurred by the executive com- 
mittee on behalf of the association in excess of two hun- 
dred and fifty dollars beyond funds in the hands of the 
treasurer. 

We, the undersigned, hereby subscribe the foregoing 
articles of association, and agree to pay the sum of ten 
dollars to the treasurer thereof for the necessary ex- 
penses of the association : 



LIST OF 

Officers and Members 



•ASSOCIATION. 



PRESIDENT. 
Howard Potter, . . . 59 wall Street, n. y. 

VICE-PRESIDENTS. 

Daniel Huntington, - Geo. William Curtis, 
Cornelius Vanderbilt. 

SECRETARY. 
Robert Lenox Belknap, mills building, broad Street, n. y. 

TREASURER. 
CHARLES LANIER, - Cor. Nassau and Cedar Streets, n. y. 



32 



EXECUTIVE COMMITTEE. 

J. Hampden Robb, 52 east 34™ street, n. y., 
Buchanan Winthrop, Francis H. Weeks, 

James T. Gardiner, Robt. W. De Forest, 

J. T. Van Rensselaer. 

CORRESPONDING SEC RE TA R Y. 
J. B. Harrison, - P. O. Box 105, New York City. 



MEMBERS. 



S. P. Avery 
R. F. Auchmuty 
C. R. Agnew 
Hugh Auchincloss 
E. T. Auchincloss - 
R. Percy Alden 
Wm. L. Andrews - 
Edward D. Adams 
Fred. L. Ames 
Hon. Oliver Ames 
C. W. Amory 
T. G. Appleton 
Mrs. E. C. Atkinson 
Edward Atkinson 
A. Agassiz 



New York. 



Boston. 



Cambridge. 



33 



R. L. Belknap 

A. J. Bloor - 
Frederick Billings 
Walston H. Brown 
Gerrard Beekman 
Isaac Bell 

F. Bronson 

B. F. Butler - 
D. G. Bacon 

Mrs. Isaac Bronson - 
Samuel D. Babcock 
Geo. E. Belcher, M.D. 
Prescott Hall Butler 

C. Wyllys Betts 
Frederick H. Betts 
Miss Edith Bell 

C. L. Brace 

Thos. H. Barber, U. S. A. 

C. C. Baldwin 

H. M. Braem 

Jas. B. Brinsmade 

Francis N. Bacon 

Frederick Brooks - 

Geo. Baty Blake 

S. Brooks - 

P. C. Brooks - 

Mrs. Gardener Brewer 

Mrs. Bowditch 

C. A. Brewer 



New York. 



Boston. 



34 



E. Pierson Beebe 
Arthur W. Blake - 

F. W. Balch - 
Mrs. C. W. Button 
Dr. V. J. Bowditch 
Mrs. Brown 

Alex. H. Brown, M.D. 
W. T. Curtis 
Douglass Campbell - 
Jas. C. Carter 
George W. Curtis 
Charles Collins 
H. F. Chauncey 
George C. Clark - 
Robert L. Cutting 
Robert L. Cutting, Jr. 
Hon. F. A. Conkling - 
John G. Curtis, M.D. 
J. Campbell 
A. W. Colgate - 
Alex. Cockrane 
Hon. Samuel C. Cobb 

G. S. Curtis 
Theodore Chase - 
C. H. Clark - 

E. W. Clark 
S. B. Cabot - 
Mrs. J. C. Cruger 
W. De F. Day, M.D. 



Boston. 



London, Eng. 

it 

New York. 



Boston. 



Cruger's Island, N.Y. 
- New York. 



35 



F. H. Delano 

Abram Dubois, M.D. 

Wm. A. Dubois 

M. B. Dubois, M.D. - 

Rev. Morgan Dix - 

A. D. Dickinson 

Stanley Dwight 

Edward S. Dakin 

J. VV. Drexel 

Henry W. De Forrest - 

Frederick J. De Peyster - 

F. Gordon Dexter 

Dr. J. H. Dix 

Miss C. C. Dixwell - 

Gilman B. Dubois 

Henry C. Eno 

Thomas Eggleston 

D. B. Eaton - 

Richard S. Ely 

Joseph P. Earle 

Mrs. Louise Evans 

C. H. Dalton - 

Wm. Endicott, Jr. 

Eliot Roosevelt 

G. L. Rives 

Miss Cornelia V. R. Robb 

Nat. Thayer Robb 

F. R. Rives 

W. B. Ross 



New York. 



Boston. 



New York. 



Cambridge. 

Boston. 
New York. 



36 



Miss Anna L. Roosevelt 
Hon. Sherman S. Rogers 
W. R. Robeson 
Miss Edith Rotch 
Miss Annie L. Rotch 
F. Aug. Schermerhorn 
Francis A. Stout 
Charles E. Strong 

D. L. Suydam 
George L. Schuyler 
H. F. Spaulding 
General Wager Swayne - 
William R. Stewart - 
James M. Stuart - 
Samuel Sloan 

William Alexander Smith 
Eliot F. Shephard - . 
Lewis A. Sayre, M.D. 
Phillip J. Sands 
Frederick K. Stevens 
W. C. Schermerhorn 
Daniel B. Safford 

E. T. Steel 
Lispenard Stewart 
C. S. Sargent - 
Francis Skinner - 
B. Schlesinger 

J. M. Seers 
John H. Sturgis 



New York. 
Buffalo. 
Boston. 



New York. 



Boston. 



37 



Henry Satstonstall 
Mahlon D. Spaulding 
J. Sawyer 

Mrs. G. Howland Shaw- 
Mrs. Isaac Sweetser 
Mr. Strawbridge 
Mrs. Strawbridge 
Wm. Eliot Sparks 
Jared Sparks 
Hon. J. S. T. Stranahan 
Alfred J. Taylor - 
F. B. Thurber 
A. I. Thomas 
Lucius Tuckerman 
Maria A. Tod 
Hubert O. Thompson 
Sinclair Toucey 
L. Turnure 

T. G. T. Thomas, M.D. 
J. Nelson Tappan 
Isaac Townsend 
Jonathan Thorne 
J. Kennedy Tod - 
H. M. Till 

Rev. Roderick Terry 
Jas. T. Van Rensselaer 
Mrs. N. Tilsbie - 
Mrs. I. H. Thorndike 
Miss Abby W. Turner 



Boston. 



- Cambridge. 

<< 

Brooklyn. 
New York. 



Boston. 



38 



Seth Turner 

R. W. Turner 

Miss A. M. Turner 

Miss E. Josephine Turner - 

Miss A. G. Thayer 

Henry Villard 

C. Vanderbilt 

Geo. W. Vanderbilt - 

Hon. Hooper C. Van Vorst 

Edgar B. Van Winkle 

C. T. Van Santvoord 

T. Oakley Vanderpool 

Hon. Benjamin A. Willis 

Francis H. Weeks 

James H. Watson 

W. Seward Webb 

Hon. Andrew D. White - 

Robert Winthrop 

Marinus Willett - 

Hon. Salem H. Wales 

Henry R. Winthrop 

Buchanan Winthrop 

Edward Winslow 

William Woodward, Jr. 

Henry de F. Weekes 

Mrs. I. H. Wolcott - 

Hon. R. C. Winthrop 

Miss Ann Wigglesworth 

R. T. Warner 



Boston. 



New York. 



Ithaca, N. Y. 
- New York. 



Boston. 



39 



James A. Wright - 

Mrs. M. L. Ware 

Miss Wales 

A. Wigglesworth 

Chas. E. Ware 

Miss M. L. Ware 

Henry Whitman - 

Mrs. Robert C. Winthrop 

I. H. Wollcott 

Miss Edith Wright - 

Chas. K. Wilmer 

Charles W. Elliott - 

Charles M. Fry 

Edward Ferguson 

C. W. Fearing 

Stuyvesant Fish 

C. Fellowes 

W. H. Fuller - 

Hon. John M. Forbes 

Augustus Flagg 

W. H. Forbes 

Miss Ellen Frothingham 

Hon. James W. Gerard - 

Francis T. Garretson 

James T. Gardiner 

Robert Gordon 

Henry H. Gorringe 

J. J. Goodwin 

Walter S. Gurnee 



Boston. 



Philadelphia. 

New York. 
- Cambridge. 

New York. 



Boston. 



New York. 



40 



W. Henry Gunther 
J. N. A. Griswold 
Theo. K. Gibbs - 
J. K. Grade 
John L. Gardiner 
F. L. Gardener, Jr. 
H. S. Grew 
C. A. Griscom 
R. M. Hunt 
J. J. Higginson 
Henry Holt 
Thomas Holland 
Hon. Walter Howe 
Robert Hoe, Jr. 
H. H. Hunnewell 
Hon. Francis B. Hayes 
Mrs. Hales 
A. Hemenway 
G. D. Howe 
E. Howes 
George Higginson 
Adrian Iselin - 
Adrian Iselin, Jr. - 
Henry Ivison 
Richard Irvin, Jr. - 
Mrs. Ingersoll 
D. Willis James 
M. K. Jesup 
A. Jacobi, M.D. - 



New York. 



Boston. 



New York. 



Boston. 



New York. 



Boston. 
New York. 



4i 

William Jay - New York. 

Woolsey Johnson - " 

John Taylor Johnston " 

Colles Johnston - " 

George W. Johnson " 

Samuel Johnson - - - - Boston. 
W. W. Justice -.--<« 

Hon. Wilmot Johnson - - - Maryland. 

John S. Kennedy - - - New York. 
J. H. Kean - 

E. A. Kent - --,.-". 
J. Frederick Kernochan - " 
James P. Kernochan ..." 
Francis C. Kinnicutt, M.D. 

H. P. Kidder .... Boston. 

F. J. Kimball - 

F. S. Kimball ..,--" 

Hon. Francis Kernan ... Utica. 

Charles Lanier - New York. 

C. H. Luddington - " 

Woodbury G. Langdon ..." 

E. H. Ludlow .... 

B. Lockwood " 
W. A. Lindlee .... 

F. C. Lawrence, Jr. - - - " 
James T. Leavitt - " 
Walter B. Lawrence " 
Robert E. Livingston ... " 
R. L. Lounsberry .... Boston. 



42 



Amos A. Lawrence - 

Henry Lee 

Elliott C. Lee 

Abbott Lawrence 

Mrs. J. Ellerton Lodge 

Annie A. Longfellow 

W. Mitchell, Jr. 

J. Pierpont Morgan 

Charles H. Miller 

Phillip T. Miller - 

D. H. McAlpin 

Peter Marie 

Miss S. S. Marie 

Mrs. D. Colden Murray - 

Thomas Meyer 

Alex. M. Morton, U. S. A. 

Rev. Haslett McKim, Jr. 

John A. McKim - 

Rev. Richard C. Morse 

Frank Morrison 

Miss Mason - 

Mr. Nichols 

Gordon Norrie 

F. L. Neal 

G. H. Norcrose 
C. E. Norton 
Francis L. Ogden 
L. F. Olman 
Joseph Ogden 



Boston. 



Cambridge. 
New York. 



Boston. 

u 

New York. 
it 

Boston. 

<< 

Cambridge. 
New York. 



43 



Charles W. Ogden - 

F. L. Olmstead 

James W. Pinchot 

Edward W. Parris 

Henry E. Pellew 

John E. Parsons 

James Brown Potter - 

Howard Cranston Potter 

Miss Grace Howard Potter 

C. A. Peabody, Jr. 

W. M. Polk, M.D. - 

Royal Phelps 

Francis Parkman 

R. M. Pulsifer 

John C. Phillips 

A. T. Perkins - . 

Mrs. Samuel Putnam 

Samuel R. Payson 

Hon. James Mills Pierce 

J. Hampden Robb 

Hon. Theodore Roosevelt 

Edward Reilly 



New York. 

Boston. 
New York. 



Boston. 



Cambridge. 
New York. 






itX< 



dfl 






